Employer, by moving to compel arbitration under a union contract, waived its right to enforce provisions of the contract requiring employee to exhaust pre-arbitration remedies. Arbitration agreement between employer and union could not be invoked to prevent individual plaintiff from pursuing litigation regarding alleged breach of his individual contract with employer and violation of statutory rights. Trial court correctly ruled on arbitrability, rather than referring the issue to arbitration, in the absence of an agreement unambiguously requiring that the issue be decided by an arbitrator.
Knutsson v. KTLA, LLC - filed August 12, 2014, Second District, Div. Five
Cite as 2014 S.O.S. 3369
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